Driskell v. State

1. Upon the trial of three defendants jointly indicted for murder, there was evidence tending to show that they assaulted the deceased at or about the same time, the defendant Dennis (alias Robert) Driskell catching and holding the deceased, the defendant Levi Driskell striking the' deceased with a banjo, and the defendant Jack Driskell shooting and killing the deceased with a pistol; but the evi*174dence did not demand a finding that there was any conspiracy or common felonious design on the part of the three defendants to take the life of the deceased, nor did it authorize a finding that the…